Bivins v. Commonwealth

Opinion

KOONTZ, J.

James Manuel Bivins (Bivins) appeals his conviction for robbery of a convenience store clerk. Bivins asserts that the evidence was insufficient to show that he accomplished the taking by intimidation, rendering his crime larceny rather than robbery. Clarifying our holding in Harris v. Commonwealth, 3 Va. App. 519, 351 S.E.2d 356 (1986), we agree and reverse Bivins’ conviction.

In the early morning hours of August 22, 1992, Bivins entered the Orange Market in Roanoke County. After transacting some business with Donna LaPrade (LaPrade), the clerk, Bivins reached across the…